Peckard v. Price
Court of Chancery of Delaware
Bill, undeb the statute, to obtain possession of unADMINISTEBED ASSETS OF A DECEDENT’S ESTATE.-The bill WfiS brought by the administrator de bonis non cum testamento annexa of Henry L. Peckard, deceased, against the surviving executor, and the personal representative of the deceased coexecutor of said decedent, to recover a balance of money with which such executors had charged themselves' in settling ■an account before the register.
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Bill, undeb the statute, to obtain possession of unADMINISTEBED ASSETS OF A DECEDENT’S ESTATE.-The bill WfiS brought by the administrator de bonis non cum testamento annexa of Henry L. Peckard, deceased, against the surviving executor, and the personal representative of the deceased coexecutor of said decedent, to recover a balance of money with which such executors had charged themselves' in settling ■an account before the register. Henry L. Peckard, in his lifetime, published his last will -and testament in writing, dated Hovember 2, 1864. John B. Price and Francis D. Dunlap were appointed…
1Opinion of the Court
The Chancellor.
It is manifest, from the foregoing statement of facts and allegations of the complainants and defendants, that the material question in dispute between them is whether any loss arising from the sale of the lands by Price and Dunlap to Kirkley shall be borne by the estate of Henry L. Pecka'rd or by Dunlap and Price.
It appears in proof in this cause that the obligations for the purchase money of the farm by Kirkley were taken in the individual names of Dunlap and Price, and were not given by Kirkley to them as executors of Henry L. Pecicard, but to them as individuals, and that…
2Cases cited2 opinions
- Leslie's AppealSupreme Court of Pennsylvania · 1870
- Rhoads's AppealSupreme Court of Pennsylvania · 1861
3Cited by1 opinion
- Theisen v. HoeyCourt of Chancery of Delaware · 1947